KAILASH GAMBHIR, J.

1. By this order I propose to dispose of the appeal filed by the appellant under Rule 4 of Chapter II of Delhi High Court (Original Side) Rules, 1967 against the impugned order dated 14th December, 2010 whereby the learned Joint Registrar has dismissed the application moved by the appellant under Order 1 Rule 10 (2) CPC.

2. A brief narration of the facts is necessary in order to deal with the present appeal: Subject matter of the dispute is a plot No. 39 admeasuring 460 sq. yds. Motia Khan Dump Scheme, Rani Jhansi Road, New Delhi. The said plot was originally allotted by the then Delhi Improvement Trust in favour of late Shri Brij Lal Mehra and late Shri Gurdial Singh some time in the year 1956. Shri Brij Lal Mehra had expired in the year 1960 leaving behind his two sons and one daughter, namely Mr. Om Prakash Mehra, Mr. Roshan Lal Mehra and Smt. Kanchan Suraj Prakash Khanna as his legal heirs, however, both Mr. Om Prakash Mehra and Mr. Roshan Lal Mehra had died in the year 1999 and, therefore, from the branch of Shri Brij Lal Mehra, Smt. Kanchan Suraj Prakash Khanna became entitled to half undivided share in the said lease hold plot. The other co-owner